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State sues TVA over Gallatin power plant

The Tennessee Department of Environment and Conservation and the Tennessee Attorney General are filing an enforcement action against the Tennessee Valley Authority, citing contamination of the "waters of the state" by TVA at its Gallatin Steam Plant.

The state is pursuing enforcement action and hefty fines against the Tennessee Valley Authority because of coal ash pollution seeping into groundwater and the Cumberland River, the region's main source of drinking water.

The Tennessee Department of Environment and Conservation and the Tennessee Attorney General say the lawsuit, which was announced Wednesday, will also help to determine the extent of the contamination. The agencies' court filing alleges 10 spots that could be unpermitted discharge and potential violations of the law.

"We are still reviewing the state's notice," TVA spokesman Scott Brooks said in an email to The Tennessean. "However, we welcome the state's assistance in addressing any issues about TVA's ash management activities at Gallatin and ensuring TVA's compliance with environmental requirements."

The agencies are seeking a permanent injunction that would establish a schedule for TVA to come into compliance with environment law at its Gallatin Fossil Plant, the closest coal-fired power plant to Nashville. They are asking a Davidson County Chancery Court judge to impose fines for any violations found to have occurred.

Those fines could be up to $7,000 and $10,000 per day and per violation of the Tennessee Solid Waste Management Act and the Tennessee Water Quality Control Act, respectively.

Brooks said that according to its state permits, TVA provides groundwater monitoring near coal ash storage sites.

The data "does show some isolated contaminants, but almost all results are within applicable groundwater protection standards," he said, adding that a few higher readings were found near an ash pond that has not been used since 1970.

"TVA studies, prepared at the direction of TDEC, conclude this poses little if any risk of health or environmental impacts," Brooks said. "An additional study is planned to confirm this."

A spokeswoman for TDEC said in a statement the goal of the filing is "to require TVA to determine the full extent of contamination" and "implement corrective measures to resolve the contamination problem."

The Gallatin Fossil Plant burns 13,000 tons of coal a day and produces enough electricity to power the equivalent of 300,000 homes.

TVA is amid a five-year effort to significantly cut mercury, nitrogen oxide and sulfur dioxide emissions through a project costing more than $1 billion.

Environmental groups filed initial paperwork to sue TVA, contending that harmful pollutants have been seeping from 55-year-old coal ash storage ponds at the power plant.

The Southern Environmental Law Center, acting on behalf of the Tennessee Clean Water Network and the Tennessee Scenic Rivers Association, notified the U.S. Environmental Protection Agency, TDEC and TVA of its intent to sue in November. That 60-day notice opened the window for TDEC and the EPA to take action.

"The lawsuit filed today appears to address the most serious coal ash problems at the Gallatin ponds," Stephanie Durman Matheny, attorney for the Tennessee Clean Water Network, said in a statement. "While we appreciate the state taking this action today, ultimately it will be the environmental results that count. We hope and expect that the results achieved through this lawsuit will protect public health and the environment."